Patna High CourtCR. MISC./19610/2018bail granted

Md.Nesar Rahmat @ Nesar Rahmat v. The State Of Bihar

2018-04-06Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19610 of 2018 Arising Out of PS.Case No. -161 Year- 2016 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. MD.NESAR RAHMAT @ NESAR RAHMAT S/o Late Jaan Mohammad, R/o Village- Trilokwa, P.S.- Kesariya, District- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shivendra Kumar Sinha For the Opposite Party/s : Mr. Sri Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-04-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Kesariya P.S. Case No. 161 of 2016 registered for the offences punishable under Sections 341, 323, 354, 379, 427, 504, 353, 385 of the Indian Penal Code.

Almost all the sections are bailable except sections 353, 354, 379 and 385 of the Indian Penal Code and submission on behalf of the petitioner is that the informant lodged this false case on account of partition dispute and as a matter of fact no such occurrence as alleged in the first information report did ever take place.

Patna High Court Cr.Misc. No.19610 of 2018 (2) dt.06-04-2018 2/2 Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate- XI, East Champaran in Kesariya P.S. Case No. 161 of 2016 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) N.K/- U T